Murder Case: Gujarat HC Grants Bail, Says CDR Location and 'Vimal' Bags Cannot Link Accused to Crime

The Gujarat High Court has granted regular bail to Jigerbhai Bhanubhai Gohil, an accused in a murder case, observing that merely relying on CDR location and the purchase of two Vimal bags was not sufficient to keep him in custody for an extended period. The court also noted gaps in the investigation and the absence of direct evidence linking the accused to the alleged offence.

Investigation Complete, Chargesheet Filed

Justice Hasmukh D. Suthar passed the order after noting that the investigation had been completed and the chargesheet had already been filed. The court observed that no further recovery or discovery was pending from the accused.

Gohil has been in custody since December 24, 2024. The prosecution also failed to place before the court any concrete evidence directly connecting him with the alleged murder, the court noted.

CDR Location Not Conclusive Evidence

The prosecution relied on the theory that the accused and the deceased were together shortly before the incident, with CDR location forming part of the evidence. However, the High Court held that CDR location alone cannot be treated as conclusive evidence establishing the accused’s involvement in the crime.

The court also considered the allegation that the accused had purchased two bags of Vimal tobacco. It observed that the purchase of the bags, by itself, did not establish a direct connection between the accused and the murder.

Investigating Officer’s Absence Criticised

During the hearing, the investigating officer remained absent despite having previously been directed to appear with the relevant investigation papers. On the day of the hearing, only a police constable was present.

The court observed that the constable was unable to properly assist it with details of the investigation and described the situation as “very pathetic”.

74 Witnesses Listed, Trial Yet to Begin

The prosecution has cited 74 witnesses in the case, but the examination of even a single witness had not commenced, the court noted.

The High Court also emphasised that the right to a speedy trial forms part of an accused person's right to personal liberty. Considering the circumstances of the case, the court applied the principle that “bail is the rule, jail is the exception.”

Bail Granted on ₹25,000 Bond

The court accordingly granted regular bail to Gohil on a personal bond of ₹25,000 along with one surety of the same amount, subject to the conditions imposed in the order.